Starson V. Swayze
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Starson V. Swayze
''Starson v Swayze'', 2003 SCC 32, [2003] 1 S.C.R. 722 was an important case at the Supreme Court of Canada that considered the legal requirements for determining if a person is capable of making decisions regarding their medical treatment. On December 24, 1998, Dr. Ian Gary Swayze declared Professor Starson (a.k.a. Scott Jeffery Schutzman) incapable of consenting to proposed psychiatric treatment and should therefore be involuntarily medicated as directed. Starson applied to a legal body known as the Consent and Capacity Board for a review of this decision. On June 6, 2003, the Supreme Court of Canada published its decision in the case. In a 6 to 3 decision, the majority held that Starson had the right to refuse medication. Background Scott Jeffery Schutzman, who changed his name to Starson and preferred to be called "Professor", obtained an electrical engineering degree and held a strong interest in physics (although it was not his profession). He was diagnosed with bipolar disor ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Health Care Consent Act (Ontario)
The ''Health Care Consent Act'' (HCCA) is an Ontario law that has to do with the capacity to consent to treatment. See also: informed consent. The HCCA states that a person has the right to consent to or refuse treatment if they have mental capacity. In order to have capacity, a person must have the "ability" to ''understand'' and ''appreciate'' the consequences of the treatment decision. The law says that “a person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to ''understand'' the information that is relevant to making a decision about the treatment, admission or personal assistance service, as the case may be, and able to ''appreciate'' the reasonably foreseeable consequences of a decision or lack of decision”. Relationship to other Acts The Ontario HCCA is relevant to the Ontario ''Mental Health Act'' (MHA) because, while the MHA governs detention in a psychiatric facility, the HCCA governs whet ...
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Anti-psychiatry
Anti-psychiatry is a movement based on the view that psychiatric treatment is often more damaging than helpful to patients, highlighting controversies about psychiatry. Objections include the reliability of psychiatric diagnosis, the questionable effectiveness and harm associated with psychiatric medications, the failure of psychiatry to demonstrate any disease treatment mechanism for psychiatric medication effects, and legal concerns about equal human rights and civil freedom being nullified by the presence of diagnosis. Historically critiques of psychiatry came to light after focus on the extreme harms associated with electroconvulsive treatment or insulin shock therapy. The term "anti-psychiatry" is in dispute and often used to dismiss all critics of psychiatry, many of who agree that a specialized role of helper for people in emotional distress may at times be appropriate, and allow for individual choice around treatment decisions. Beyond concerns about effectiveness, anti-p ...
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Human Rights In Canada
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights. The current legal framework for the protection of human rights in Canada consists of constitutional entitlements, and statutory human rights codes, both federal and provincial. The constitutional foundation of the modern Canadian human rights system is the Canadian Charter of Rights and Freedoms of 1982, which is part of the Constitution of Canada. Before 1982, there was little direct constitutional protection against government interference with human rights, although provincial and federal laws did provide some protection for human rights enforceable against government and private parties. Today, the Charter guarantees fundamental freedoms (free expression, religion, association and peacefu ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Substitute Decisions Act
The ''Substitute Decisions Act'' (the Act) is an act of the Legislative Assembly of Ontario in Ontario, Canada. It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well-being. The ability to make these types of decisions is termed capacity and the decisions are termed consent. Capacity establishes the legal right to consent to or refuse medical treatment, choose housing arrangements and manage one's money. However, there are different tests for capacity that vary according to the type of decisions that must be made. In some instances, capacity will exist for people who do not have full capacity in the common sense understanding of the concept. Capacity and Incapacity Capacity is presumed under the Act if the person is over 18 for management of property or 16 for personal care decisions. This means that before a person's right to make decisions for him/herself is removed it must be proven that they do n ...
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Mental Health Act (Ontario)
The ''Mental Health Act'' is an Ontario law that regulates the administration of mental health care in the province. The main purpose of the legislation is to regulate the involuntary admission of people into a psychiatric hospital. Since the changes brought about in 2000 under Bill 68 (often referred to as ''Brian's Law'', named after Brian Smith who was shot dead in 1995 by a person suffering from paranoid schizophrenia), the Act allows for a ''community treatment order'' by the attending physician. This order is intended to provide comprehensive treatment outside of a psychiatric facility. Assessment orders Form 1 The following are three common ways that a person may be involuntarily admitted to a psychiatric facility (unit) in Ontario for a 72-hour observation period: Police brings person to physician When a person is acting in a disorderly manner, the Act allows the police to take someone already in custody to a designated psychiatric facility for examination by a physici ...
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:Substitute Decisions Act
The ''Substitute Decisions Act'' (the Act) is an act of the Legislative Assembly of Ontario in Ontario, Canada. It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well-being. The ability to make these types of decisions is termed capacity and the decisions are termed consent. Capacity establishes the legal right to consent to or refuse medical treatment, choose housing arrangements and manage one's money. However, there are different tests for capacity that vary according to the type of decisions that must be made. In some instances, capacity will exist for people who do not have full capacity in the common sense understanding of the concept. Capacity and Incapacity Capacity is presumed under the Act if the person is over 18 for management of property or 16 for personal care decisions. This means that before a person's right to make decisions for him/herself is removed it must be proven that they do ...
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Ottawa Citizen
The ''Ottawa Citizen'' is an English-language daily newspaper owned by Postmedia Network in Ottawa, Ontario, Canada. History Established as ''The Bytown Packet'' in 1845 by William Harris (journalist), William Harris, it was renamed the ''Citizen'' in 1851. The newspaper's original motto, which has recently been returned to the editorial page, was ''Fair play and Day-Light''. The paper has been through a number of owners. In 1846, Harris sold the paper to John Bell (journalist), John Bell and Henry J. Friel. Robert Bell (1821-73), Robert Bell bought the paper in 1849. In 1877, Charles Herbert Mackintosh, the editor under Robert Bell, became publisher. In 1879, it became one of several papers owned by the Southam Newspapers, Southam family. It remained under Southam until the chain was purchased by Conrad Black's Hollinger Inc. In 2000, Black sold most of his Canadian holdings, including the flagship National Post to CanWest Global. The editorial view of the ''Citizen'' has ...
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Schizophrenia Society Of Canada
Schizophrenia is a mental disorder characterized by continuous or relapsing episodes of psychosis. Major symptoms include hallucinations (typically hearing voices), delusions, and disorganized thinking. Other symptoms include social withdrawal, decreased emotional expression, and apathy. Symptoms typically develop gradually, begin during young adulthood, and in many cases never become resolved. There is no objective diagnostic test; diagnosis is based on observed behavior, a history that includes the person's reported experiences, and reports of others familiar with the person. To be diagnosed with schizophrenia, symptoms and functional impairment need to be present for six months ( DSM-5) or one month ( ICD-11). Many people with schizophrenia have other mental disorders, especially substance use disorders, depressive disorders, anxiety disorders, and obsessive–compulsive disorder. About 0.3% to 0.7% of people are diagnosed with schizophrenia during their lifet ...
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Electrical Engineering
Electrical engineering is an engineering discipline concerned with the study, design, and application of equipment, devices, and systems which use electricity, electronics, and electromagnetism. It emerged as an identifiable occupation in the latter half of the 19th century after commercialization of the electric telegraph, the telephone, and electrical power generation, distribution, and use. Electrical engineering is now divided into a wide range of different fields, including computer engineering, systems engineering, power engineering, telecommunications, radio-frequency engineering, signal processing, instrumentation, photovoltaic cells, electronics, and optics and photonics. Many of these disciplines overlap with other engineering branches, spanning a huge number of specializations including hardware engineering, power electronics, electromagnetics and waves, microwave engineering, nanotechnology, electrochemistry, renewable energies, mechatronics/control, and electrical m ...
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Mental Illness
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitting, or occur as single episodes. Many disorders have been described, with signs and symptoms that vary widely between specific disorders. Such disorders may be diagnosed by a mental health professional, usually a clinical psychologist or psychiatrist. The causes of mental disorders are often unclear. Theories may incorporate findings from a range of fields. Mental disorders are usually defined by a combination of how a person behaves, feels, perceives, or thinks. This may be associated with particular regions or functions of the brain, often in a social context. A mental disorder is one aspect of mental health. Cultural and religious beliefs, as well as social norms, should be taken into account when making a diagnosis. Services are ...
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